scholarly journals PENERAPAN TEORI DISKURSUS HABERMAS SEBAGAI ALTERNATIF PENYELESAIAN SENGKETA

2020 ◽  
Vol 32 (1) ◽  
pp. 55
Author(s):  
Tri Harnowo
Keyword(s):  
Negotiation Process ◽  
Discourse Theory ◽  
Third Party ◽  
Social Collaboration ◽  
Communication Techniques ◽  
Validity Claims ◽  
Common Interests ◽  
Asking Questions ◽  
Communicative Actions ◽  
Common Understanding

AbstractAccording to Habermas's discourse theory, communicative actions justified through validity claim can build a common understanding and social collaboration. Mediation is one form of dispute resolution through a negotiation process to obtain a mutual agreement facilitated by a neutral third party oriented to common interests by maintaining good relations between the parties in the future. Communication techniques such as listening actively, asking questions, and reframing statements are important skills that mediators must possess. This conceptual paper analyzes the interaction between Habermas's discourse theory and the concept of mediation. Habermas's discourse theory can be a basic framework of analysis for mediators to predict the creation of consensus, identify statements based on validity claims, and search for common understanding options. IntisariMenurut teori diskursus Habermas, tindakan komunikatif yang dijustifikasi melalui klaim kesahihan dapat membangun suatu pemahaman bersama dan kerjasama sosial.  Mediasi merupakan salah satu bentuk penyelesaian sengketa melalui proses perundingan untuk memperoleh kesepakatan bersama difasilitasi oleh pihak ketiga netral yang berorientasi pada kepentingan bersama dengan menjaga hubungan baik para pihak di masa mendatang. Teknik komunikasi seperti mendengar aktif, bertanya, dan membingkai ulang pernyataan merupakan keahlian penting yang harus dimiliki oleh mediator. Artikel ini menganalisis interaksi antara teori diskursus Habermas dan penerapannya dalam teknik mediasi. Teori diskursus Habermas dapat menjadi kerangka dasar analisis bagi mediator untuk memprediksi terciptanya konsensus, mengidentifikasi pernyataan-pernyataan berdasarkan klaim kesahihan dan mencari opsi-opsi kesepakatan bersama.

A WSN-Oriented Key Agreement Protocol in Internet of Things

2013 ◽  
Vol 401-403 ◽  
pp. 1792-1795 ◽  
Author(s):  
Tao Liu ◽  
Ya Wen Guan ◽  
Yi Qun Yan ◽  
Li Liu ◽  
Qi Chao Deng
Keyword(s):  
Internet Of Things ◽  
Trust Management ◽  
Key Agreement ◽  
Bilinear Pairing ◽  
Negotiation Process ◽  
Third Party ◽  
Security And Privacy ◽  
The Internet ◽  
Key Agreement Protocol ◽  
The Internet Of Things

Aimed to the security and privacy issues which restrict the construction and development of the Internet of Things, a WSN-oriented key agreement protocol in the Internet of Things ( IOT) has been proposed . Trust management was introduced the security mechanism of IOT, the use of bilinear pairing technology, the identity-based key agreement was realized. Using the protocol not only can effectively prevent attacks from outside the network and can recognize the abnormal nodes which were captured or lapsed efficacy. Thus it can reduce communication with abnormal nodes to improve network security, extending the lifetime of the network. The distributed self-organizing key negotiation process without credible third-party management can enhance the survivability of IOT, and the network has a good scalability.

scholarly journals INTEGRASI LEMBAGA PENYELESAIAN SENGKETA ALTERNATIF DALAM PROSES ACARA PERADILAN PERDATA: STUDI TENTANG PUTUSAN PENGADILAN YANG DI MEDIASI BERDASARKAN PERMA NOMOR 1 TAHUN 2008

2014 ◽  
Vol 3 (3) ◽  
Author(s):  
AAN Roy Sumardika
Keyword(s):  
Supreme Court ◽  
Dispute Resolution ◽  
Negotiation Process ◽  
Third Party ◽  
Mediation Process ◽  
Peace Agreement ◽  
Legal Concept ◽  
Legal Remedy ◽  
The Law ◽  
Court Proceedings

Mediation process means dispute resolution through negotiation process for obtaining a peace agreement between the parties by using a third party in settling the dispute. Article 130 HIR/154 RBg determines peace efforts may use since the trial began before a judge hands down the dispute. Mediation as part of the Alternative Dispute Resolution is a process outside the court, but Indonesian Supreme Court Rules No. 1/2008 integrates it in the court proceedings and allows the mediation process at the level of legal remedy. So the problem investigated is the court decision re-mediated and the peace agreement mediation results. The method used normative legal research by Legislation Approach and to deepen the research study also use a Legal Concept Analysis Approach which is intended to establish a view and legal arguments in solving the problem at hand. Case that has been decided by the courts is not possible to re-mediated. The mediation process at the level of legal remedy is contrary to the law, especially the provisions of Article 130 HIR / 154 RBg. Indonesian Supreme Court Rules as rules are hierarchically under the law (HIR/RBg) not justified material being regulated substance exceeding material are governed by higher laws. So Indonesian Supreme Court Rules No. 1/2008 can not be a legal basis to regulate the integration of mediation into the docket particularly about mediation at the level of legal remedy because the principle of lex superiori derogat legi inferiori and the principle of lex specialis derogat legi generali not met.

Symmetry and Asymmetry in International Negotiations

2000 ◽  
Vol 5 (1) ◽  
pp. 21-42 ◽  
Author(s):  
◽  
Keyword(s):  
Negotiation Process ◽  
International Negotiations ◽  
Third Party ◽  
Relative Potential

AbstractThe properties of symmetry and asymmetry among negotiating partners can influence the process and outcomes of a negotiation in four major ways. First, they describe the relative potential strengths and power of the negotiating parties and, as such, not only indicate differences and similarities that exist between the negotiating partners, but also determine the process. Second, even asymmetric parties seek to find equality through the process of negotiation. A third form of symmetry and asymmetry is manifest when a third party is engaged to mediate the negotiation process. A third manifestation concerns the symmetry of instruments to be used in negotiations. Finally, the outcome of the negotiation process expresses utility perceptions by both parties. Thus the idea of symmetry/asymmetry and the perception, there of, can be found in all stages of the negotiation process.

scholarly journals Peculiarities of negotiating by a barrister during reconciliation within pre-trial investigation

2019 ◽  
pp. 147-153
Author(s):  
A. Kovalchuk
Keyword(s):  
Personal Characteristics ◽  
Causal Link ◽  
Negotiation Process ◽  
Criminal Proceedings ◽  
Classical Communication ◽  
Communication Techniques ◽  
Successful Resolution ◽  
The Right ◽  
Procedure Codes ◽  
Reconciliation Process

So far, the current legislation provides the parties of the criminal proceedings for the right of reconciliation. Moreover, the Criminal and Criminal Procedure Codes provide for grounds, participants, stages of the reconciliation process. Nevertheless, the most crucial point for attainment of peace between the parties are direct negotiations of the victim and suspected person or defendant. It is logical that legislator doesn’t set limits and make recommendations upon negotiating process. The purpose of the article is to identify the main stages of negotiation with a view to reconciling the suspect and the victim in the pre-trial investigation and outlining known negotiation techniques that may be helpful to the lawyer in the process of communication between the parties in the context of reconciliation. It is stated, that the barrister is an irreplaceable member of the negotiating process during reconciliation within criminal proceedings. He can not only legally qualify the parties` interests, but also, based on his own experience and scientific awareness, can help achieve effective results of the negotiations. Meanwhile, the author justifies the necessity of additional awareness of the barrister with respect to negotiating and psychology aimed at speeding up of negotiations and establish contact with each party and between the parties. It is determined that the knowledge of classical communication techniques and the research of new communication techniques will increase the level of negotiation efficiency and, as a consequence, the successful resolution of conflicts. Given that reconciliation negotiations are often considered successful when satisfy the interests of all parties, development of communication skills based on the above mentioned techniques will help to reach consensus. The author seeks to analysis of the familiar negotiating techniques and making predictions about the implementation of theories within criminal procedural practice as well as illustration of the causal link between the lawyer's negotiating skills and the parties' possible reactions. The stage of the negotiation process is illustrated, taking into account the following categories: personal characteristics of the parties, the preparatory process, tactics and techniques of communication and feedback of the parties.

scholarly journals Why are there Escalating Incidences of Confrontations in Nepali Hospitals? An Anthropological Critique

2020 ◽  
pp. 43-55
Author(s):  
Kapil Dahal
Keyword(s):  
Health Care ◽  
Qualitative Research ◽  
Service Providers ◽  
Explanatory Models ◽  
Negotiation Process ◽  
Health Care Sector ◽  
Third Party ◽  
Communication Gap ◽  
Anthropological Critique ◽  
Nature Of Medicine

This article deals with the emerging phenomenon of confrontations and vandalism in hospitals in Nepal. It interrogates how far paternalism and commodification has become the feature of the Nepali health care sector and their interrelationships with each other. With the esoteric nature of medicine and different explanatory models of understanding illness episodes and healing outcomes, there is always a communication gap between the service providers and the patient party. The unfolding of the confrontation process creates space for and paves way for third party involvement in the conflict and negotiation process. The increasing confrontation also reflects falling trust between the service providers and the health seekers. This paper is based on information generated from a qualitative research carried out in two hospital settings in Kathmandu and Chitawan in different periods in 2019.

scholarly journals Peranan Komunikasi Guru dalam Implementasi Kurikulum 2013

Humaniora ◽  
2014 ◽  
Vol 5 (1) ◽  
pp. 387
Author(s):  
Dina Sekar Vusparatih
Keyword(s):  
Teaching Method ◽  
Successful Implementation ◽  
Fundamental Change ◽  
Sufficient Time ◽  
Interactive Learning Environment ◽  
Communication Competency ◽  
Communication Techniques ◽  
Leading Role ◽  
Communication Ability ◽  
Asking Questions

Curriculum 2013 has been officially implemented in all schools in Indonesia. This curriculum has quite a fundamental change in the competencies to be achieved. These changes lead to changes in the profile of students and teachers are expected. These changes lead to conversion in the expected profile of students and teachers. Teacher, a leading role in the successful implementation of the curriculum in schools, is required to create an interactive learning environment in which students and teachers participate actively. The additional hours of study is intended to provide sufficient time for the two-way communication. However, most of the teachers are not ready to create an active space of two-way communication. In fact, the communication competency is the first competency to be achieved in the curriculum in 2013 and became an important teaching method during the learning process. Therefore, the communication ability of the teachers is very important in the success of the implementation of Curriculum 2013. Teachers must be able to communicate effectively in accordance with their role as a leader and facilitator in the classroom. Giving explanations, asking questions and listening are three effective communication techniques that should be owned by the teacher during this 2013 curriculum. If all three techniques have been mastered and can be implemented correctly then the target of Curriculum 2013 can be achieved. 

scholarly journals Body Part Highlighting: Exploring two types of embodied practices in two sub-types of showing sequences in video-mediated consultations

2020 ◽  
Vol 3 (3) ◽  
Author(s):  
Brian Lystgaard Due ◽  
Simon Bierring Lange
Keyword(s):  
Healthcare Professional ◽  
Conversation Analysis ◽  
Initial Phase ◽  
Single Case ◽  
Body Part ◽  
History Taking ◽  
Healthcare Settings ◽  
Asking Questions ◽  
Common Understanding ◽  
Direct Body

Consultations in healthcare settings involve an initial phase of “history-taking”, during which the healthcare professional examines the client for symptoms by asking questions, making the client show symptoms on his or her own body, and performing bodily examinations. But how can bodily symptoms be identified when the interaction is video-mediated and sensory access is limited? One key resource here is “body showings”. However, research suggests that video-mediated teleconsultations reduce body showings due to both technical difficulties and sensory obstruction. In this paper, we provide a contrary case that shows two types of practices employed for successful history-taking through body-part showings. Based on an analysis of an “evocative showing sequence” (Licoppe, 2017), we present two types of gestural highlighting practices, via two types of showing sub-sequences: 1) “mimicable body part highlighting”, which occurs in a sequence of “adapting-body-to-frame”; and 2) “direct body part highlighting”, which occurs in a sequence of “adapting-frame-to-body”. The paper uses a single case to discuss how gestures work in a video-mediated context and how sensory judgements are not just a property of the healthcare professional, but are distributed to clients who are able to creatively adapt to situated contingencies in order to accomplish common understanding about the symptoms. The data consist of video-recorded, video-mediated physiotherapy consultations in Denmark, analysed using ethnomethodological conversation analysis (EMCA). The paper contributes to EMCA research on mediated interaction and embodied, gestural and sensorial practices.

31. Habermas

2017 ◽  
Author(s):  
Kenneth Baynes
Keyword(s):  
Public Sphere ◽  
Political Theory ◽  
Social Theory ◽  
Political Thought ◽  
Communicative Action ◽  
Political Legitimacy ◽  
Discourse Theory ◽  
Political Implications ◽  
Deliberative Politics ◽  
Validity Claims

This chapter examines Jürgen Habermas's major contributions to social and political thought. Habermas is regarded as one of the most influential figures in contemporary political theory. In his later work Habermas has begun to expand the normative political implications of his work in social theory and philosophy, culminating in Between Facts and Norms. This chapter first provides an overview of Habermas's earlier work, especially his study on the transformation of the liberal or bourgeois public sphere, before discussing his theory of communicative action (or action based on mutually supposed validity claims). It then considers Habermas's attempt, in Between Facts and Norms, to develop an account of deliberative politics anchored on the idea of political legitimacy and concludes with an analysis of cosmopolitanism as well as his views on discourse theory, democracy, the system of rights, and ‘weak’ and ‘strong’ publics.

scholarly journals The Mediation Process: Challenges to Neutrality and the Delivery of Procedural Justice

2019 ◽  
Vol 39 (4) ◽  
pp. 834-855
Author(s):  
Debbie De Girolamo
Keyword(s):  
Procedural Justice ◽  
Negotiation Process ◽  
Third Party ◽  
Mediation Process ◽  
Mediator Role ◽  
Ethnographic Data ◽  
Core Features

Abstract Ethnographic data suggest that the mediator role transcends that of the neutral third-party intervener described in the literature. The mediator becomes part of the mediated negotiation process, at times separate from the parties, aligned with the parties or in opposition to the parties. This is analysed in this article in relation to concepts of neutrality and procedural justice, two concepts much discussed in the mediation literature, often recognised as core features of the mediation process. The justice consciousness of the parties to the process is also explored through ethnographic data for what it reveals about concepts of justice from the parties’ perspective. The article concludes by challenging the dictum of the mediation literature that the process offers procedural justice to its participants.

scholarly journals Therapeutic communication between health workers and patients concerning diabetes mellitus care

2012 ◽  
Vol 20 (4) ◽  
pp. 685-692 ◽  
Author(s):  
Marta Maria Coelho Damasceno ◽  
Maria Lúcia Zanetti ◽  
Emilia Campos de Carvalho ◽  
Carla Regina de Souza Teixeira ◽  
Márcio Flávio Moura de Araújo ◽  
...  
Keyword(s):  
Diabetes Mellitus ◽  
Health Workers ◽  
Video Camera ◽  
Cross Sectional Study ◽  
Public Facility ◽  
Therapeutic Communication ◽  
Cross Sectional ◽  
Communication Techniques ◽  
Asking Questions ◽  
Observation Results

The objective of this cross-sectional study was to analyze therapeutic communication techniques used by health workers with patients under care for diabetes mellitus. Data were collected in 2010 in a public facility in the interior of Ceará, Brazil using video camera equipment and direct observation. Results showed that the most frequently used techniques within the "expression" group were: asking questions, voicing interest, and using descriptive phrases. The most frequently used technique within the "clarification" group was: asking the patient to specify the agent of action. Finally, in regard to the "validation" group, only the technique "summarizing content of the interaction" was employed. The conclusion is that despite the use of communication techniques on the part of professionals, there is still an alarming gap concerning communication skills. Such skills should be allied with technical expertise to enable the delivery of qualified care to individuals with diabetes mellitus.

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